APPELLATE COMMERCIAL DUI/ DWI/ Traffic Offenses FAQ - DUI/ DWI LEGAL MALPRACTICE MEDICAL AND HOSPITAL LIABILITY MUNICIPAL Michigan's Drunk Driving Law In 2003, the Michigan Legislature made changes to the drunk driving laws making it easer to convict an individual of drunk driving. Prior to 2003, the law afforded defendants presumptions or inferences based on their BAC (Blood Alcohol Content). For example, a BAC of .07 or less created an inference of sobriety while a BAC of .07 but less than .10 created an inference of impairment but not intoxicated. Today, the presumptions or inferences of sobriety and impairment have been removed. If you have been charged with a drunk driving offense, the prosecution must establish either that you are intoxicated or impaired due to the consumption of alcohol or drugs. A prosecutor can establish that you were intoxicated by proving either that: (1) your ability to operate a motor vehicle was substantially lessened due to the consumption of alcohol or drugs; or (2) that you were operating a motor vehicle with an unlawful blood alcohol content of .08 or higher, commonly referred to as UBAL (Unlawful Blood Alcohol Level). BAC is commonly established by a chemical test known as the Datamaster or blood tests. In order to admit the Datamaster or blood test results into evidence, the prosecutor must prove that the test is admissible and reliable. However, the jury ultimately has the right to decide how much weight to give the test results. Under the first scenario, a prosecutor does not need to establish that your BAC was .08 or higher at the time of the arrest. Chemical test results may be used as evidence but an officer’s observations can be enough for a conviction. The second scenario is known as the “per se” offense, meaning that as long as a prosecutor can establish beyond a reasonable doubt that your blood alcohol content was .08 at the time you were operating a motor vehicle, the prosecutor does not need to prove that the alcohol affected your ability to drive. A lesser included offense is OWVI (Operating While Visibly Impaired) which requires only that the prosecutor to prove beyond a reasonable doubt that due to the drinking of alcohol or consumption of a controlled substance, you drove with less ability than would an ordinary careful driver to the point that it would have been noticed by another person. A defendant is not afforded a presumption of sobriety if his or her BAC is below the .08 level. Because a jury is typically allowed to consider the lesser offense of OWVI at the time of trial and to reserve the charge as a bargaining chip, police officers rarely charge someone with OWVI at the time of arrest. Contact Us